Bailiff keeps pursing me for debt I don't owe

[Bailiff Advice]

On 03/07/2019 at 12:52, schwepppes33 said:

I don't want to ignore them. I want them to stop.  I want to sue them, and will do so.

 

I have no idea what the debt refers to. All I know is the debtor falsely registered himself as living at this address - his neighbouring address and then moved out. 

 

 

You mention that the debtor had lived at a neighbouring address and that whilst at that property, he  falsely 'registered himself' as living at your address. He then moved out. 

 

What exactly do you mean by him 'registering himself' at your address? For example; did he register himself as living at your address on the electoral roll? Did he perhaps register a vehicle at your address? 

 

Secondly, there should have been previous correspondence from the creditor (who we are assuming is either a local authority or possibly HMCTS (if the debt is an unpaid court fine). What happened to any previous correspondence?  

Edited July 4, 2019 by Bailiff Advice

[schwepppes33]

We have no idea how he fraudulently used the address as we don't know what the debt is for... it could be DVLA, or any number of things. I know it is not electoral roll because the council send me the electoral roll stuff to update and whatnot every year and he has never appeared on this information.  We know he has fraudulently used the address but we do not know what exactly he has used the address for.

The reason we made a subject access request was, in part, so we could find out what exactly the debt relates to. If we had judgment details it would be easy to fix by simply informing the court.

 

Of course as the council and bailiff have both failed with the SARs this is one reason we are taking legal action - not only did they not provide us with this data but they didn't actually respond to the SARs at all. It's pretty hard to correct incorrect information if no one will tell you WHAT is incorrect.

Previous correspondence was returned to sender. At one point I hand delivered to the council headquarters reception 11 pieces of mail sent by them to him at my address which all arrived at once explaining to the receptionist this person does not live here, and your own records show I am the sole occupier.
 

[Peterbard]

I think you need to get off the for a couple of days. Then come back and in plain language tell us what the problem is.

 

At the moment, it sounds a bit like gibberish, just what the problem is mind, none of the suedo legal nonsense.

 

[otterlyendo]

Rather than trying to belittle the OP, reading the thread properly allows you to see the issue.

 

Someone has used the OP's address fraudulantly - my guess is that he told the council he had moved and used the OP's address as the 'new' address.

 

The OP doesn't know what the debt is for, but as it's the council it's likely to be either council tax, a benefit overpayment or some sort of service charge. End of the day, it doesn't really matter which as the OP doesn't owe it.

 

The OP has repeatedly told the bailiff and the council that the debtor doesn't live there and provided proof of their own residency yet the council continue to pursue the debt and the OP is getting pretty pee'd off about it, as you would expect.

 

The advice here should be to reassure the OP that the bailiff cannot enforce as the debtor doesn't live there. The OP doesn't need to engage with the bailiff and any goods outside cannot be touched as they don't belong to the debtor. The OP can happily wave at the bailiff through a window and tell him to jog on.

 

It's pointless complaining to the bailiff as we all know. They will just file it in the shredder. The complaint must always be directed to the creditor, especially if they are a public body.

 

The OP needs to contact the CEO of the council with a stage one complaint, and copy their local councillor and MP into the complaint. The OP needs to stop wasting money on solicitors as, generally, high street solicitors know little about the legislation governing bailiffs and fly off into unnecessary tangents looking to line their own pockets. The OP needs to suggest in their complaint that a goodwill gesture of say, £500, be paid for the stress they have suffered due to the council's incompetence. The complaint should be to the point avoiding unnecessary reference to CIVEA guidance, GDPR and so forth.

 

Go through the official motions in a level-headed way, leave a paper trail and don't even speak with the bailiff.

 

I would've expected better from this site.

[Bailiff Advice]

20 hours ago, schwepppes33 said:

sWe have no idea how he fraudulently used the address as we don't know what the debt is for... it could be DVLA, or any number of things. I know it is not electoral roll because the council send me the electoral roll stuff to update and whatnot every year and he has never appeared on this information.  We know he has fraudulently used the address but we do not know what exactly he has used the address for.

The reason we made a subject access request was, in part, so we could find out what exactly the debt relates to. If we had judgment details it would be easy to fix by simply informing the court.

 

 

 

There has been a lot of reference on this thread to 'fraudulent' use of your address by a previous close neighbour. My guess, is that there is no fraud at all and it is a very simple matter of a mix up with the registration details of a motor vehicle. It happens very often indeed where a simple mistake is made with the house number of a particular road. 

 

As you have said earlier, you took 11 items of post to the council. With one parking contravention there would be 3 separate notices from the councils (Penalty Charge Notice, Charge Certificate and Order for Recovery). There would also be correspondence from the enforcement company. 

 

As you are not the debtor, an SAR request for another persons details would not be possible. 

 

It is worth making one further point. A person does not need to actually LIVE at a property to have a vehicle registered at a specific address. That is a fact. Therefore, your reference to you receiving single person discount, would not apply. 

 

You are under no obligation to allow a bailiff into your home and frankly, I would suggest that you do not waste money on solicitors. I would suggest that a honest mistake has been made. Nothing 'fraudulent' at all. You have made the council and bailiff company aware of the position, I would simply leave it at that. 

Edited July 6, 2019 by Bailiff Advice

[Bailiff Advice]

I appreciate that is not the advise that most people would give and I will likely be criticised, but here goes:

 

I would suggest that if any further post arrives for this person that you open it. That way, you will at least know what the debt relates to and you can come back to this thread and one of us will advise you of the steps that you should take. 

[Peterbard]

Just to be clear. There is no fraud here, not by any definition and by any of the parties involved.

 

I suspect the OP has not been forthcoming with the EA, and has therefore led them to believe the P resides there.

 

Whoever is, or is on the council list has nothing to do with who is residing at the address. The EA will want to ensure that the debtor is not using the address as a place of abode.

 

Deafness on is own does not render anyone as vulnerable.

 

I do not see how the EA calling at your address can be any of the things you accuse them of, and furthermore neither will any court.

 

If you think you are being harassed we can advise, however as for taking action, there is no cause I am afraid.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Peterbard]

2 hours ago, otterlyendo said:

Rather than trying to belittle the OP, reading the thread properly allows you to see the issue.

 

Someone has used the OP's address fraudulantly - my guess is that he told the council he had moved and used the OP's address as the 'new' address.

 

The OP doesn't know what the debt is for, but as it's the council it's likely to be either council tax, a benefit overpayment or some sort of service charge. End of the day, it doesn't really matter which as the OP doesn't owe it.

 

The OP has repeatedly told the bailiff and the council that the debtor doesn't live there and provided proof of their own residency yet the council continue to pursue the debt and the OP is getting pretty pee'd off about it, as you would expect.

 

The advice here should be to reassure the OP that the bailiff cannot enforce as the debtor doesn't live there. The OP doesn't need to engage with the bailiff and any goods outside cannot be touched as they don't belong to the debtor. The OP can happily wave at the bailiff through a window and tell him to jog on.

 

It's pointless complaining to the bailiff as we all know. They will just file it in the shredder. The complaint must always be directed to the creditor, especially if they are a public body.

 

The OP needs to contact the CEO of the council with a stage one complaint, and copy their local councillor and MP into the complaint. The OP needs to stop wasting money on solicitors as, generally, high street solicitors know little about the legislation governing bailiffs and fly off into unnecessary tangents looking to line their own pockets. The OP needs to suggest in their complaint that a goodwill gesture of say, £500, be paid for the stress they have suffered due to the council's incompetence. The complaint should be to the point avoiding unnecessary reference to CIVEA guidance, GDPR and so forth.

 

Go through the official motions in a level-headed way, leave a paper trail and don't even speak with the bailiff.

 

I would've expected better from this site.

Thanks for your concern. If you read he thread. you will see that the points you raise have already been suggested to the OP, his response has been that he just wants to sue.

 

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